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(영문) 대구지방법원서부지원 2015.02.11 2014가단29425
건물명도등
Text

1. The defendant is against the plaintiffs:

(a) deliver real estate indicated in the annexed real estate;

B. From March 1, 2014, the foregoing.

Reasons

1. The facts of recognition reveal that, on October 19, 2012, the Plaintiffs: (a) indicated real estate (hereinafter “instant real estate”) indicated in the attached real estate (hereinafter “the instant real estate”) are KRW 12,00,000 for the lease term from November 1, 2012 to October 31, 2014; and (b) are determined as KRW 12,000 for the lease deposit, KRW 12,000 for the monthly rent; and (c) the lessee’s right to terminate the lease when the lease is unpaid at least twice; (d) the Defendant did not pay the Plaintiffs the monthly rent from March 1, 2014; and (e) the Plaintiffs expressed their intent to terminate the instant lease contract to the Defendant on the grounds of two or more annual rents around August 2014; and (e) the fact that the Defendant is operating the factory in the instant real estate does not conflict between the parties, or (e) the evidence and the purport of the entire pleading as a whole.

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated on or around August 2014 on the ground of the Defendant’s delinquency in rent for at least two years, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiffs.

B. In addition, the Defendant is obligated to return unjust enrichment equivalent to the rent until it delivers the said real estate to the Plaintiffs, as it occupies, uses, and benefits from the instant real estate even after the termination of the lease agreement.

However, since it is ratified that the rent after the termination of the lease contract in this case is the same amount as the rent during the lease contract period, the defendant is obligated to return unjust enrichment calculated by the ratio of KRW 1,400,000 per month from March 1, 2014 to the completion date of delivery of the real estate in this case, after all of the rent was paid to the plaintiffs.

(A) If so, the plaintiffs' claims of this case are reasonable, it is so ordered as per Disposition. (3) It is so decided as per Disposition.

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